The short answer
If your father died without a will, all his surviving children, including your half-siblings, are legally entitled to inherit the house equally under the Intestate Succession Act.
The whole question
Dear Athalie
My parents were in a long-term customary relationship but were not officially married. My mother passed away in 2020, and my father in 2023. They acquired an RDP house in 2018, and I was listed as the sole dependent on the application because my older siblings had already received their own RDP houses.
The house was registered in my father’s name. He had other children from previous relationships, one of whom recently passed away, leaving a daughter, and another I only met after my father’s funeral. These siblings were never part of our household or the RDP application.
I have my father’s death certificate and burial documents, and I am currently applying to be the Executor of his estate. Before he passed, my father told me I would inherit the house.
Given the circumstances, am I entitled to the house, or must it be shared with my father’s other children?
The long answer
If your father had left a will, saying who should inherit his house, that person would inherit the house, so I am presuming that your father did not make a will. In the absence of a will, the Intestate Succession Act of 1987 applies. This Act provides for all his surviving children to legally inherit the house, even though you did not know your half-brother and your father never mentioned him to you.
As you probably know, a deceased estate valued at under R250,000 is wound up (administered) by a Representative with a Letter of Authority appointed by the Master of the High Court, whereas a deceased estate valued at over R250,000 is wound up by an Executor, appointed by the Master. The job of both the representative and the executor is to pay all debts owed by the estate and see that the right heirs benefit. The role of the representative with the letter of authority is simpler than that of the executor, but both would be supervised by the Master.
If you are in this role, you would need to report to the Master and provide information about all beneficiaries, which would include your half-sibling.
So, what are your options if you and your half-brother stand to jointly inherit the house?
An article by JustMoney on 6 February 2022 quotes Lizl Budhram of Old Mutual as follows: “A house cannot be physically divided and handed over to siblings in equal parts. In an ideal scenario, the siblings will be able to agree on what they would like to have happen to the inherited and co-owned property.”
These are the options she gives:
Live in the property together
Sell the property and split the proceeds
Rent out the property and split the income
Have one of the siblings live in the property and pay rent to the other one.
She recommends that the siblings have a conversation to discuss their preferences and plans for the co-owned property, and come to an agreement.
Budhram says that the executor has the final say in the property at hand: “If one sibling wants to sell and the other sibling wants to retain the asset, the executor will be entitled to make the final decision, albeit with the approval of the Master of the High Court.”
She says that if they agree to sell the property, they can ask the executor to sell it before ownership is transferred to them, so that they then inherit the proceeds of the property.
So perhaps it would be good to meet with your half-brother to discuss the options first, and then also to ask the Master for guidance.
Unfortunately, the Master’s offices have been in disarray for some years, since the Covid pandemic. In November 2023, the Justice Minister approved a rescue plan to address backlogs, improve digitisation, and increase capacity. Though there has been some progress, the Gauteng Master’s offices are still facing significant backlogs and staff shortages, while concerns about bribery and corruption remain.
You could also approach Legal Aid for advice. These are their contact details:
Tel: 0800 110 110 (Monday to Friday 7am to 7pm)
Please Call Me: 079 835 7179
Wishing you the best,
Athalie
Answered on May 23, 2025, 1:06 p.m.
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